High Court grants an order of summary judgment in the sum of €3,456,226.50 on foot of unpaid loan facilities, on the grounds that no issue was raised which could be said to give rise to a credible defence.
Summary judgment - whether the defence set out in the affidavits, together with the documents exhibited therewith, is credible; or in other words, whether there is a fair or reasonable probability of the defendant having a real or bona fide defence - whether the propositions advanced are stateable as a matter of law where the issues are relatively straightforward and where there is no real risk of an injustice being done - demanded the repayment of €3,456,226.50 - demand has not been satisfied - particulars of the balance outstanding - understanding of the defendants had been that the loan could remain “interest only” on an ongoing basis on request - suggestion has not been substantiated and would appear to be contrary to the express terms of the loan facility and the general conditions – lack of documentation - sale proceeds and rents might not have been properly credited against the final figure for the indebtedness – declined option to file an affidavit - defendants have not filed any affidavit evidence which complies with the Rules of the Superior Courts, nor have they provided any corroborative documentation – no issue raised which could be said to give rise to a credible defence – judgment granted - stay of six months should be placed on the entry of judgment –